Vikash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.25204 of 2016 (4) dt.09-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25204 of 2016 Arising Out of PS.Case No. -507 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Vikash Kumar, son of Uday Shankar Singh, Resident of village- Chainpur, P.S.- Kanti District- Muzaffarpur.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nachiketa Jha, Advocate For the Opposite Party : Mr. Kanhaiya Kishore, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody in connection with Sadar P.S.Case No.507 of 2015 registered for an offence under Sections 395 and 397 of the IPC.

As per the prosecution case, it is alleged by the informant that on 30.09.2015 at about 11.10 P.M. while he was returning to his house after closing his shop situated near Midway Hotel, Muzaffarpur then culprits riding on two motorcycle were chasing from Patahi Chowk, fired at the informant and asked to stop, then the informant fled away leaving his motorcycle and when he raised hulla, the people of the informant's villager came and brought to the hospital for better treatment.

Patna High Court Cr.Misc. No.25204 of 2016 (4) dt.09-08-2016 Learned counsel for the petitioner submits that the petitioner is in custody since 12.01.2016. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the case. Petitioner is not named in the FIR. Except for the confessional statement of the petitioner, there is no other substantive evidence to implicate the petitioner in the present case. Petitioner has not been put on test identification parade to ascertain his involvement in the present case. The other coaccused persons have been granted bail by this Court vide Cr.Misc.No.14898 of 2016 and 23383 of 2016.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Muzaffarpur in connection with Sadar (Muzaffarpur) P.S.Case No.507 of 2015.

(Sudhir Singh, J) B.Kr./- U T